Am I being illegally evicted? I was never served with Unlawful Detainer documents.

My sympathies on your bad luck. If you were in Africa, the plaintiff-landlord presumably obtained a judgment by: 1) claiming to have "substitute...

we are planning on filing a motion to vacate judgement based on the discovery issue but a stay needs which first ?

If you want to remain in the unit, you will need to successfully apply for a stay, since it is very unlikely that the court would hear your motion...

Separation

You have not said how you acquired the house, but assuming that nothing happened that might give him some equitable interest (e.g. him contributing...

I'm sorry you find yourself in that situation. Most residential leases not only limit subleasing, but have limits on who can occupy the unit,...

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Do I get to keep my entire deposit minus the rent due to the fact it was over the 21 days.

Technically speaking, a landlord must refund the deposit if the deadline is blown. However, the landlord would still be allowed to sue any...

What is the responsibility of the landlord when one of the commercial tenants is sexually harassing another tenant's employees?

Landlords may have a duty to intervene if one tenant is substantially interfering with the quiet enjoyment rights of another tenant. Andrews v....

If I file a response before being served an unlawful detainer do I have to file it again after I am served the unlawful retainer

A party may voluntarily appear in a lawsuit before being served. If you have already filed a valid responsive pleading (e.g. answer, demurrer,...

Do I Have to Sell My Home?

Under California law, either co-owner normally has the right to file a type of lawsuit called a partition action to force the sale of the...

What are our rights "

It's hard to be sure without reviewing your lease. Many leases have a standard provision that allows the landlord to delay the move-in date without...

Can I break my lease over roaches?

Under Civil Code Section 1942, if "dilapidations" exist that render a rental property untenantable, and the landlord fails to promptly and...